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rhiannahunt · Feb 27, 2009, 10:10 PM

So we are fighting for custody of my husbands son. So far we just have a temp parenting plan, until a GAL sort of investigates, what's best for the child. We get a week out of the month to visit the child, and we have phone rights. For over a week she has blocked us or shut her phone off so we can't talk to the child, we have told our attorney and he said that the judge also told us to log every contact we have with the child, and that is all we can do! I believe in our awesome attorney but feel there has to be something we can do. She has already gotten away with a no contact order her new husband had between the child and him. They got caught by CPS, and didn't get in trouble. The step father was proven guilty of assault on the child. Is there anything we can do? We are concerned. She was to move to a different city in the state she lived, and the judge is restraining her from moving with the child. But is allowing her to visit where she was to move. WHY? Couldn't she just stay there for weeks and say that she is just visiting?

Thanks:confused:

stevetcg · Feb 28, 2009, 04:54 AM

Visiting a city does not interfere with your legal visitation. Moving would. There is a technical distinction and the court should recognize the difference.

All you can do is log everything, get as much proof of everything as you can and have your lawyer present it to the court.

cdad · Feb 28, 2009, 08:29 AM

Visitation is not a game. Your best off listening and documenting the times that there is a disconnect but keep it real and reasonable. If your calling every 10 minutes for 2 hrs straight then.. well you get my point. Like in other forms of law you can't just accuse and have no basis. That's why your asked to keep records so it shows a history.

Fr_Chuck · Feb 28, 2009, 09:44 AM

And she may play games for several months till the next court hearing, on my child custody my ex would not allow me a overnight visit for several months, finally we got to court and a order was set. If she is not following it, document and at some point of enough examples, your attorney files to have her in contempt,

But keep a log, exact times called and so on.

rhiannahunt · Feb 28, 2009, 11:34 AM

We have called every day now, sometimes twice a day and we call her, her husband and her mother... and no one picks up. Should we call more a day would that look like we are harassing her? I think we should be able to call whenever but we don't want to mess up ANYTHING. Our lawyer said that he is trying to find her address, because we have NO idea where she is at. Will it look bad on her part if she goes place to place with the child? Will it also look bad if she just leaves him with someone, so she can go see her husband hours away where she can't go with the child? Thanks everyone!

cdad · Mar 1, 2009, 07:55 AM

Originally Posted by rhiannahunt

We have called every day now, sometimes twice a day and we call her, her husband and her mother....and no one picks up. Should we call more a day would that look like we are harassing her? I think we should be able to call whenever but we dont want to mess up ANYTHING. Our lawyer said that he is trying to find her address, becasue we have NO idea where she is at. Will it look bad on her part if she goes place to place with the child? Will it also look bad if she just leaves him with someone, so she can go see her husband hours away where she can't go with the child? Thanks everyone!

First off there are several things going on here. And for the most part its going to be wait, observe and document.

1) You need to be careful about calling everyone. If your contact is through mom then that's who you call. Otherwise you could be setting yourself up.

2) Send a certified letter stating that you haven't been able to contact her by phone and that your requesting some kind of timeframe for calling and talking to your child. If it comes back non delivereble and you repeat that process for every address she gives then you have evidence.

3) when the child is out of your control there is little that can be done to demand any changes until court. So if she drops the child off with someone else.. so long as the child isn't in danger. That is Their choice to make. Again that is something you could modify during your hearing ( first right of refusal )

Other then things I have suggested the others have it right. There might be game playing on her part that your going to have to tolerate until the hearing and once you have court orders that's a different story.